Case law

State v. Williams

285 N.W.2d 248 · Supreme Court of Iowa · Nov 14, 1979

He claims that as an indigent defendant he had at least a qualified right to select particular attorneys for his defense. Mr. … Rather, such a qualified due process right may exist by incorporation of the right to counsel established by the sixth amendment. And, insofar as that is true, defendant’s contention has already been answered.

Englund v. Younker Brothers, Inc.

142 N.W.2d 530 · Supreme Court of Iowa · Jun 14, 1966

In order that they may be so taxed the case must come clearly within the terms of the statute or agreement. Indeed the court does not have inherent power to tax costs even to the losing party. Harris v. … A custom or usage in any particular trade or business may be shown, as a fact, by a witness who is qualified by knowledge and experience to testify to its existence. Anderson v. Ill. Cent. Ry.

State v. Harding

204 Iowa 1135 · Supreme Court of Iowa · Dec 13, 1927

It' was clearly á question for the jury. This case is controlled by State v. … The court held that without the qualifying word “some” the expression would have been free from objection. The court likewise so held in State v. Dorland, 103 Iowa 168 .

Horak Prairie Farm, L.p. Vs. City Of Cedar Rapids Vs. City Of Cedar Rapids

Supreme Court of Iowa · May 9, 2008

Qualifying projects can be funded in whole or in part by RISE money. Iowa Code §§ 315.5, 315.6. … The plaintiffs’ properties clearly received a special benefit from the improvements.

Richards v. Schreiber, Conchar & Westphal Co.

98 Iowa 422 · Supreme Court of Iowa · May 22, 1896

Richards, was appointed and qualified as receiver, and took possession of the mortgaged property. … The value of the property mortgaged is not clearly shown.

Howard John Kohlhaas Vs. Hog Slat, Inc., And Royal & Sunalliance Insurance Companies

Supreme Court of Iowa · Jun 12, 2009

An abuse of discretion occurs when the commissioner’s exercise of discretion is “clearly erroneous or rests on untenable grounds.” Waters, 674 N.W.2d at 96. III. Merits. A. … In 2002, Kohlhaas entered into a settlement agreement establishing his disability.

State v. Rater

568 N.W.2d 655 · Supreme Court of Iowa · Jul 23, 1997

At a pretrial conference on November 22, Rater again explained he did not feel he was qualified to represent himself at trial. Bla-zek agreed to assume full defense counsel status only if Rater obtained an evaluation. … Clearly, Rater did not want this arrangement to be imposed upon him at trial. In evaluating the record, we indulge in every reasonable presumption against waiver. See State v.

Minot v. Pelletier Co.

207 Iowa 505 · Supreme Court of Iowa · Jan 23, 1929

“Increase” relates to the formerly established estimated value. There is no other existing estimated value to which it could apply. … Clearly, , any complaint which appellants might otherwise have had'was thereby waived. III.

State v. Franklin

242 Iowa 726 · Supreme Court of Iowa · Mar 6, 1951

He was sober and I would qualify that statement by saying that I did not think he had had a drink. * * * Mr. … Certainly this evidence tends to establish the issue of intoxication.

Dr. Allen Diercks and Diane Holst v. Scott County, Iowa, and Kerri Tompkins, Scott County Auditor

Supreme Court of Iowa · Feb 14, 2025

Confidentiality is clearly and vigorously protected in section 22.7, entitled “Confidential records.” Id. § 22.7. … This may well result in smaller pools of qualified applicants for positions of responsibility in government. IX.

Quaker Oats Co. v. Ciha

552 N.W.2d 143 · Supreme Court of Iowa · Jul 24, 1996

The services themselves are clearly medical nursing services and not general care services such as dressing, bathing, feeding, etc. … Clearly, without the accommodation, claimant’s disability would be permanent and total. Claimant’s industrial disability is found to be [eighty] percent.

Dr. Allen Diercks and Diane Holst v. Scott County, Iowa, and Kerri Tompkins, Scott County Auditor

Supreme Court of Iowa · Feb 14, 2025

As evidenced by the setting of a public meeting, the committee clearly expected to provide the public with an opportunity to comment on their selection. … Confidentiality is clearly and vigorously protected in section 22.7, entitled “Confidential records.” Id. § 22.7.

State v. Elliston

159 N.W.2d 503 · Supreme Court of Iowa · Jun 11, 1968

The trial court's findings are binding upon us unless we are satisfied they are without substantial support in the evidence or clearly against the weight thereof. State v. … Surely an unsigned, unverified instrument does not qualify as an information charging commission of a public offense until signed and verified.

IBP, Inc. v. Burress

779 N.W.2d 210 · Supreme Court of Iowa · Mar 5, 2010

the establishment of that fact are understood to be serious and of great importance. … When faced with a procedural situation the agency rules do not clearly address, this court has been guided by general provisions. See Aluminum Co. of Am. v.

Simpson v. Iowa State Highway Commission

195 N.W.2d 528 · Supreme Court of Iowa · Feb 25, 1972

Peters to be qualified in the field of valuation of land suitable for gravel pits and substantially supported his valuation opinions. … Clearly, both from their pleading (Paragraph 7 above) and their proofs, the important element in this drop was denial of the right to remove the gravel from the 2.8 acres.

Beecher Store, Inc. v. Iowa Department of Revenue Alcoholic Beverages Division

Supreme Court of Iowa · Feb 20, 2026

We said the amended statute “clearly negates the [recidivist] characterization of prior offenses that this court adopted in the Clark case.” Id. … The statutes in Thomas, Wade, and Spoonemore legislated around the well-established general rule for recidivist statutes by expressly punishing habitual offenders for the number of statutory violations they accumulated

Kellogg v. Iowa State Traveling Men's Ass'n

239 Iowa 196 · Supreme Court of Iowa · Nov 11, 1947

Clark, supra, the court says: “The rule * * * has been much questioned and qualified” (citing cases) and goes on to say: “The result of the modern cases is that the rule only applies when the larger sum is liquidated, and … The text then discusses the proposition as applying to divisible or separable claims and adds this caution (page 504): “It is to be noted that a transaction of this character is *237 clearly distinguishable from one in which

Hecht v. Des Moines Playground & Recreation Ass'n

227 Iowa 81 · Supreme Court of Iowa · Aug 1, 1939

Because of its charitable nature and that of its work, it claimed immunity, from any alleged negligence. … Six different pictures of the pool have been certified to this court and they clearly show the various depth signs.

State of Iowa Ex Rel. Thomas J. Miller, Attorney General for Iowa v. Vertrue, Incorporated F/K/A Memberworks, Inc., a Delaware Corporation Adaptive Marketing, LLC, a Delaware Limited Liability Company Idaptive Marketing, LLC, a Delaware Limited Liability Company

834 N.W.2d 12 · Supreme Court of Iowa · Jul 5, 2013

By clicking 12The district court ruled that Vertrue’s privacy programs did not qualify as buying club memberships. … Clearly, the elderly were overrepresented in these statistical populations.

State v. Seager

341 N.W.2d 420 · Supreme Court of Iowa · Nov 23, 1983

not consider whether the evidence sustained the trial court’s finding that the challenged statement in the Hagers’ affidavit was deliberately false; if the evidence fails to show that it was, we find that it nevertheless clearly … The defendant, if he chooses to do so, should be permitted to offer qualified opinion evidence at trial, if available, which would detract from the probity of this testimony as a result of the effects of hypnosis.